Sri Girigowda Vs Principal Secretary

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

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THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/1, ARAVINDA BHAVAN 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001

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… RESPONDENTS

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(BY SRI. HARISH A.S., AGA FOR R1 TO R4; SRI H.L. PRADEEP KUMAR, ADVOCATE R5 AND R6)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.KIADB-LAQ-722-2019-20 DATED 11/10/2019 VIDE ANNEXURE-A PASSED BY THE SIXTH RESPONDENT AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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3 -

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NC: 2026:KHC:21477 WP No. 12007 of 2026

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HC-KAR

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ORAL ORDER

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Learned Additional Government Advocate accepts notice for respondents 1 to 4.

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Sri. H. L. Pradeep Kumar, learned counsel accepts notice for respondents 5 and 6.

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Petitioner has sought for issuance of writ of certiorari to set aside the general award at Annexure-A dated 11.10.2019 passed by respondent No.6. Petitioner has also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the land of the petitioner to the extent of 7 acres 4 guntas in Sy. No. 105/8, Cheeluru Village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District (Bengaluru South District).

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4 -

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NC: 2026:KHC:21477 WP No. 12007 of 2026

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HC-KAR

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The case of the petitioner is that he was willing

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for a consent award and accordingly, the question of passing of general award does not arise.

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Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law.

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In light of the said stand and taking note of the

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directions passed in W.P.No.15026/2021, the petition is disposed of as follows:

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(i) The impugned general award at Annexure-A insofar as the petitioner's land is concerned, is set aside.

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(ii) Respondent No.6 is directed to consider the claim of the petitioner for passing of consent award

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5 - NC: 2026:KHC:21477 WP No. 12007 of 2026

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HC-KAR

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and pass a consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of certified copy of this order.

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(iii) It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-A would stand revived.

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(iv) Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

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In terms of the above, the petition is disposed of .

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SD/(S SUNIL DUTT YADAV) JUDGE

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VP

Sri Girigowda v. Principal Secretary

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Sri Girigowda v. Principal Secretary

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